MUZAFFARABAD, Nov 21: The legislative assembly of Azad Jammu and Kashmir here on Thursday unanimously amended a law enabling the government to award punishment for the recovery of the embezzled official funds besides extending the period for decision on representations/review petitions to the prime minister beyond 60 days as per requirement.

Law Minister Raja Nisar Ahmed Khan told the House, which met with Speaker Sardar Siab Khalid in the chair on the second consecutive day, that no punishment had been provided in the Removal from Service (Special Powers) Act 2001, for the recovery of the embezzled official funds, due to which desired results could not be achieved.

The amended section reads: “Where, in the opinion of the competent authority, a person in the government or corporation service is found to have been appointed or promoted on extraneous grounds in violation of law and the relevant rules, the competent authority after inquiry by the committee/officer constituted under Section 5, may, notwithstanding anything contained in any law or the terms and conditions of service of such person, by order in writing dismiss or remove such person from service, compulsory retire from service or reduce him to lower post or pay scale or recovery of the whole or any part of any pecuniary loss caused to government by negligence or breach of orders or impose one or more minor penalties as prescribed in the AJK Civil Servants (Efficiency and Discipline) Rules, 1977.”

The minister continued that in the same law the period of 60 days to make decisions on the representations and review petitions filed before the prime minister was also insufficient and required extension.

Given the daily engagements of the premier, it was difficult for him to take decision on such cases which number in hundreds, he said. Furthermore, he added, some issues were of complex nature involving different departments which made it difficult to obtain relevant record and announce judgement within 60 days.

The amendment in Section 9(2), empowering the government to extend the said period, reads: “The Prime Minister, or an officer or authority, as may be designated for the purpose by the prime minister, may, on consideration of the representation, review petition any other relevant material, confirm, set aside, vary or modify the order in respect of which such representation or review petition is made within 60 days thereof; provided that the government may extend the said period whenever it deems appropriate.”

The law minister asked the speaker to suspend the relevant rules so that the House could consider the bill for approval. However, opposition’s Sahibzada Ishaq Zafar said that since the bill was very important, it should be referred to the select committee. Upon this, the law minister maintained that the bill was aimed at providing a facility to the government servants and its delay would put a number of recovery cases in abeyance.

He told the House that the bill was introduced in the light of the recommendations of the Public Accounts Committee (PAC), of which Sahibzada Zafar was also a member.

After his arguments, Sahibzada Zafar withdrew his contention paving the way to the passage of bill.

Earlier, the law minister presented the reports of the select committees on two other pieces of law namely ‘The Azad Jammu and Kashmir Motor Vehicles (Amendment) Ordinance 2002’ and the ‘University of Azad Jammu and Kashmir (Amendment) Ordinance 2002’. These were also unanimously approved by the House.

PAC Chairman Chaudhry Tariq Farooq presented a report of the AJK Local Audit Fund for the year 1999-2000. The speaker appreciated the performance of the PAC saying that its efforts had led to the recovery to the tune of millions of rupees.

Earlier, during the question hour, Raja Nisar Ahmed, who also holds the portfolio of local government and rural development, told the House that monitoring teams at the district level had been formed for the (supervision of the) schemes under the Khushal Kashmir Programme and presidential funds. These teams, he said, were headed by the deputy commissioners concerned and included XENs of the public works department, legislative assembly members and an officer of the armed forces.

The minister said that there was a procedure to check unfair means and ensure quality, which was being followed strictly. Action had so far been

taken against a number of government employees and project committees, and official funds had also been recovered, he added.

Later, the speaker read out the presidential order proroguing the House sine die.